guide the future growth and development of a community.-

Aceable Agent Level 2 - Chapter 2 Flashcards What is aMaster Plan?-A written documentcreated by the local planning board to guide the future growth and development of a community.- Zones are decided in the master plan (each zone usually has defined acceptable uses).What is aNonconforming Use?A use thatwas once legal in a zone, but became

illegalwhen the zoning changed.Example:If a gas station

was in a commercial zone, but the zone got changed to a residential zone, the gas station is now nonconforming.When aNonconforming Useis allowed to continue, it is called being ____?"grandfathered in" What is the most common example ofPolice Powerin real estate?The authority to control zoning.Under the scope of police power:What areBuilding Codes?- Sets of regulations pertaining to building design, materials, safety, sanitation, and structure.- These codes concern a building'sstructural soundness and its basic cleanliness,notits aesthetics or appearance.What isInverse Condemnation?- When the government appropriates a private property without compensating the property owner.- The owner must then sue the government, and the owner is now theplaintiff(inverse of condemnation).Why arezoning classificationssometimes different across municipalities?Because zoning classifications are created at thelocal level.With regards to taxation:What doesAssessmentmean? The determination of the market value of a property by a tax assessor.What areZoning Ordinances?-Local lawsthat control how land is used and what structures can be built in a designated district.- Zoning ordinances flow from the priorities outlined in a municipality'smaster or comprehensive plan.What isConcurrency?A policy utilized in land-use controls which requires developers toidentify and mitigate the negative impacts of a developmentproactively during construction.What isInvoluntary Alienation?- Transfer of title to propertywithoutthe owner's consent, usually carried out by operation of law.-Alienationis the transfer of ownership title to real property.

Type of Public Land-Use Control:What doesPolice

Powercontribute?Police power is the government right toregulate and restrictland use in order to protect the public.

Under the scope of police power:What is theApplication of

Rules?When there is a difference between a government restriction and a private restriction,the strictest restriction will be applied.What does awardingbuilding permitsallow the city to enforce and check for?Compliance with local zoning laws and building codes.

What is aBuilding Permit?A legal document from a local authority that authorizes a construction or remodeling project.What does aMaster Plando for a community? Sets out their urban planning goals and priorities.

Private Controls on Land-Use:What areSubdivision

Regulations?Subdivision regulations impose limitations on a subdivision like street width, lot size, and minimum utility standards.What does theZoning Board of Appealsdo?The zoning board of appeals hears from property owners who feel that azoning ordinanceis causing undue hardshipor keeping them from realizing use or profit in their property.What type ofpublicland-use controlis based on the priorities of theMaster Plan?Zoning What doesdensityconcern in the making of amaster plan?- The measure of the proportion of a given area used for residential purposes.- One of the aspects concerning acceptable uses defined for each zone in the master plan.What are the threekinds of variancesazoning board of appealscan grant?

1.Use variance: Permits a use of land that is forbid by the

zoning regulations.Example:A restaurant would need a use

variance to open in a residential area.2.Area variance:

Permits a use of land that is forbid by thedimensionalorphysicalrequirements of the zoning

regulations.Example:Building a 200ft building in a zone that

regulates buildings to 100ft.3.Special use permit: Permits

specific kinds of uses in a zone that is not the main use of that zone (owner still must meet certain

requirements).Example:A restaurant in an industrially

zoned area.What are the three primary types ofLand-Use Controls?1. Private land-use controls2. Public land-use controls3.Public ownership of land What is aCondemnation Suit?To condemn a property, the government must sue the owner in a condemnation suit.What are thecommontypes ofZoning Classifications? 1.Residential: Housing2.Commercial: Commerce3.Industrial: Manufacturing4.Agricultural:

Farmland5.Institutional: Universities, hospitals, prisons..

etc.6.Open space: Forests, parks, shorelines...

etc.7.Vacant land: Unimproved land, or land that has

uninhabited improvements8.Conservation land: Land that

has special use rules, including water recharge sones or

homes to protected wildlife.9.Recreational: State parks,

shorelines, trails... etc.Type of Public Land-Use Control:What isEminent Domain?- Eminent domain is thepower of government to seize private propertyfor public use.- The government must pay the property owner fair compensation.-If the property owner won't consent to sell, eminent domain is alast resort.What isCondemnation?- The government act ofseizing private landthrough exercise of the power of eminent domain.- A type ofinvoluntary alienation

Type of Public Land-Use Control:What isEscheat? - Thelegal doctrine by which the decedent's property will pass to the state without their consentif that individualdies without a will, a surviving spouse, lineal descendants, or other known heirs.- Escheat can also be used if a property is abandoned by the owner.With regards to Escheat:What isProbate?A process by which courts determine and grant the appropriate ownership interest of an estate to creditors, taxing entities, and heirs of an owner who dies intestate.What isMichigan's Land Division Act?(sometimes called thePlat Act)

• This law regulates land split into parcels smaller than 40

acres (a parcel larger than 40 acres is called anexempt split)- Essentially, the law regulates how many pieces a "parent parcel" can be split into.-Regulates subdividing.What are thelaws of descent and distribution? A set of laws that sets out the process of passing an estate to heirs when the owner dies intestate.Under the scope of police power:What isZoning? - The division of land within a jurisdiction into separate districts within which uses are permitted, prohibited, or permitted with conditions.Zoning regulates the use of land.- Zoning is done by creatingzoning ordinances.What are the four main types of land-use controls that fall under the scope ofPolice Power?

• Zoning2. Building codes3. Private controls on land4.

Application of rules Type of land use-control:What isPublic Ownership of Land?Therole of government to own and maintain public landsuch as streets, highways, and parks.What is aCertificate of Occupancy(CO) or anOccupancy permit?Upon completion of the last inspection, if a building isfound to be compliant with thebuilding codes, the inspector issues a CO.Both condemnation and inverse condemnation are forms of "taking," how is "taking" defined by the courts?The power of government to seize private property for public use.What happens when the owner of a nonconforming use property, that was grandfathered in, sells their property?Usually, nonconforming uses that are grandfathered in are allowed only while the current owner holds the property.Otherwise,that's known as anillegalnonconforming use.Property taxes are ad valorem taxes, what aread valoremtaxes?Taxes based on the assessed value of a property.What is aZoning Variance?If thezoning board of appealsagrees, they grant a variance: permission granted by the government so thatproperty may be used in a manner not allowed by the current zoning.Type of Public Land-Use Control:What isTaxation? A charge on real estate that is used to pay for services provided by the government.Areproperty taxeslevied at the local level or by the government?At the local level.*Property taxesfund municipal serviceslike fire control, police, schools, roads, and local health initiatives.What are the four basic types ofPublic Land-Use Controls(P.E.T.E)?

1.Police power2.Eminent Domain3.Taxation4.Escheat ____ ____ is the right the government has to snatch property, and ______ is the process by which they do it.Eminent domainCondemnation

Under the scope of police power:What arePrivate Controls

on Land Use?

• Ordinances developed by local authorities, municipalities,

and states for the land located within their jurisdictions.- While private controls are not created by the government,

they have the authority to enforce them.-Example:Local

HOA tells homeowners they can not put up a fence in their neighborhood.